Collins v. State ex rel. Department of Natural Resources
118 So. 3d 43
La. Ct. App.2013Background
- Collins and CPL & Associates provided consulting for DNR's Atchafalaya Basin Program and Coastal Protection and Restoration Program.
- Collins uncovered alleged environmental-law violations in the Bayou Pastillion and Big Bayou Pigeon Water Quality Projects and reported them to DNR, Benoit, and Angelle.
- Collins believed the projects aimed at oil and gas exploration benefiting adjacent landowners rather than water quality.
- Collins' 2009 contract with DNR ended; not renewed for 2010; Collins sued on June 29, 2010 alleging violations of the Louisiana Environmental Whistleblower Statute, the Louisiana Whistle-blower Statute, and the Ethics whistleblower statute.
- District court sustained peremptory and dilatory exceptions; plaintiffs amended but claims under those statutes were dismissed; case appealed.
- The court ultimately held: 42:1169 provides no private right of action; 30:2027 provides a private remedy; 23:967 is superseded by 30:2027; remanded with costs against plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 42:1169 private right of action exists? | Collins argues 42:1169(E) provides a private remedy. | DNR argues no private action under 42:1169; remedy is via Board of Ethics. | Assignment 1: no private right of action under 42:1169. |
| 30:2027 supports environmental whistleblower claims? | Collins asserts 30:2027 protects retaliation for reporting environmental violations. | DNR contends no viable action under 30:2027 here. | Assignment 2 meritorious; 30:2027 provides remedy. |
| 23:967 superseded by 30:2027 for these claims? | Collins maintains 23:967 remains viable alongside 30:2027. | DNR argues 30:2027 supersedes 23:967. | Assignment 3: 30:2027 supersedes 23:967; 23:967 claim affirmed as not stated. |
Key Cases Cited
- Goldsby v. State, Dept. of Corr., 861 So.2d 236 (La. App. 1 Cir. 2003) (no private right of action under 42:1169 unless reporting to Ethics)
- Nolan v. Jefferson Parish Hosp. Service Dist. No. 2, 790 So.2d 725 (La. App. 5 Cir. 2001) (ethics remedy via Board of Ethics; no private action)
- Chiro v. Harmony Corp., 745 So.2d 1198 (La. App. 1 Cir. 1999) (distinguishes retaliation context; rehiring not guaranteed)